CASHBACK TERMS & CONDITIONS
Subject to the provisions of these Cashback Terms, ScanPay will allow users of its Services meeting the criteria set forth in the “Eligibility” section below (each, a “Participant”) to earn and accumulate Cashback Rewards (as defined below). The Program and any Cashback Rewards you earn pursuant to this Cashback Term are offered to you solely by ScanPay and is not sponsored nor endorsed by ScanPay partners, including the card issuer. In these Cashback Terms, ScanPay and its affiliates may be collectively referred to as “we” or “us”; Participants may be referred to as “you.”
When you make purchases with your ScanPay Card, you will receive one percent (1%) cash back (the “Cashback Rewards”). It may take up to one (1) week for the reward value to be reflected in your ScanPay account dashboard. Your Cashback Rewards are calculated on each purchase and are posted in your ScanPay Account in dollars and cents that are rounded to the nearest cent.
Only users with (i) a ScanPay demand deposit account (“ScanPay Account”) opened pursuant to the Deposit Account Agreement and (ii) a ScanPay debit card (the “ScanPay Card”) issued to you pursuant to the Business Debit Cardholder Agreement are eligible to participate in this Program and to earn Cashback Rewards. The Program is only available to enterprises for bona fide business purposes. Your Account must be in good standing to be eligible for the Program.
You will not earn Cashback Rewards on cash advances, portion of purchases paid with rewards, balance transfers, or illegal transactions. No Cashback Rewards will be awarded to any ATM transactions, including cash withdrawals or cash deposits. The determination of whether any portion of any transaction is subject to a Cashback Reward shall be made in ScanPay’s sole and absolute discretion.
AKS Cashback Program Terms
Chargeback of Cashback Rewards
Cashback Rewards awarded to you are subject to adjustments for refunds, returns, or cancellations (collectively, “Cancelled Transactions”). ScanPay reserves the right to deduct future Cashback Rewards earned for eligible purchases and otherwise make appropriate adjustments to recover the Cashback Rewards awarded for any Cashback Rewards awarded to you in any Cancelled Transactions.
Termination or Suspension
Our Cashback Rewards Program has no fixed termination date. However, we reserve the right to terminate this Program or modify the Program upon notice at any time. Any such notice will be sent either by email to Participants’ email addresses, by text message to their cell phone telephone number, or by in-app messaging. For any such notices, we will use the email address or mobile telephone number that you provide when you register an account with ScanPay (the “Registration Data”).
Further, it will be considered a misuse of the Program if we identify any potentially fraudulent, abusive or suspicious activities with respect to the Program or your ScanPay Account, or any violation of our Terms or these Cashback Terms, each as determined in our sole discretion. Any misuse of the Program is a violation of these Cashback Terms and may also result in (i) suspension or termination of your participation of the Program and (ii) the forfeiture of any Cashback Rewards accumulated.
Authorization to Retrieve and Use Third-Party Information on Your Behalf
For the purposes of the foregoing, ScanPay is acting as an agent of our bank partner, Blue Ridge Bank, N.A.
Agreement to These Terms
Participation in the Cashback Rewards Program constitutes Participant’s full and unconditional agreement to and acceptance of these Cashback Terms and the decisions of ScanPay in administering this Program, which are final and binding.
If we determine in our sole discretion that you have violated these Terms or any other agreement to which you and ScanPay are parties, we may in our sole discretion and as permitted by law, terminate your account and eliminate any pending, current, or future Cashback Rewards balance you may have. We will notify you of such termination at the email address you provide in your Registration Data, and such termination will be effective immediately.
ScanPay shall not be responsible for software defects or computer malfunctions or telecommunications failures that affect the operation of the Cashback Rewards Program. Likewise, we shall not be responsible for incorrect or inaccurate entry information, whether caused by Participants or by any of the software or equipment used in administering the Cashback Rewards Program. ScanPay assumes no responsibility or liability for any error, omission, interruption, deletion, loss, theft or destruction, of account balance information or other Participant information.
We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions in administering the Cashback Rewards Program or related websites, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in these sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of these sites or any portion thereof, (d) your use of these sites, or (e) your use of any equipment or software in connection with these sites.
Governing Laws: Jurisdiction
ALL ISSUES AND QUESTIONS CONCERNING THESE CASHBACK TERMS OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS AND SCANPAY IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY OF THE SCANPAY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE OUR SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
“SCANPAY PARTIES” MEANS SCANPAY AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS, AND CONTRACTORS.
Individual Claims and Direct Damages Only
AS A CONDITION OF PARTICIPATING IN THIS CASH BACK REWARDS PROGRAM, THE PARTICIPANTS AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BY THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A FEDERAL OR STATE COURT LOCATED IN CALIFORNIA HAVING JURISDICTION. Further, in any such dispute, Participants will not be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys’ fees, and Participant further waives all rights to have damages multiplied or increased.
If a provision of these Cash Back Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
We reserve all rights permitted to us under these Cash Back Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Cash Back Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You agree that you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Cashback Rewards and any exchanges and distributions. We may ask you for a valid tax identification number for reporting purposes. Tax forms, such as an IRS Form 1099, may be issued in your name for the actual value of Cashback Rewards that we send you.
Please contact us at email@example.com with any questions regarding these Cash Back Terms.